Fo√ne…tic √Ēng…lish Website Conditions of Use

Introduction

Welcome to Fo√ne…tic √Ēng…lish. By accessing www.foneticenglish.com and its related websites, services, applications or tools (Collectively referred to as "Fo√ne…tic √Ēng…lish Services" or “FES”) you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that FES works for everyone. FES is provided to you by Fo√ne…tic √Ēng…lish Pty Ltd (ABN 69 676 819 104), 2a Mona Rd, Darling Point, NSW 2027, Australia (FEPL). These Conditions of Use constitute a legally binding agreement between you and FEPL and are effective as of 1st January 2025, and upon acceptance for new users. You accept these Conditions of Use by clicking the "Register" button when registering as an FES reader and by otherwise accessing or using the FES websites, services, applications and tools.

Definitions

  • Fo√ne…tic √Ēng…lish Services “FES” includes or may include
  • A new rendering of the English alphabet to make it phonetic by adding syllable breaks, greying out silent characters and adding sound characters visual cues or glyphs to indicate the sound each character makes in a word,
  • A website containing education tools and games
  • An eReader running on multiple devices and platforms that allows documents to be read in Fo√ne…tic √Ēng…lish
  • eBooks that Subscribers may read without additional payment
  • An eBook Store where Users may license eBooks (“Digital Content”) for their personal and non-commercial use
  • Apps which can run on a variety of mobile devices, including Tablets and smart phones, and
  • Other services which may be added at a future time.
  • The Fo√ne…tic √Ēng…lish Accessible Publishing Facility that allows the conversion of documents into the Fo√ne…tic √Ēng…lish format and other accessible formats requires an additional registration and acceptance of a separate subscription agreement.
  • A “User” is a person who visits or uses any part of FES.
  • A “Reader” is a person who is 18 years old or over and who has registered to use FES, and Reader includes a Subscriber. Registration requires a limited number of fields and allows Readers to experience limited FES features free of charge. A Reader is responsible for all activity in the subscription account.
  • A “Subscriber” is a person who has subscribed to FES, and who has established a subscription account. The subscription process requires a more detailed profile to be completed and includes address and credit card information. A Subscriber may
  • Access the eBook Store at no additional cost and pay to license Digital Content from the eBook Store, and
  • Access FES education tools and services by paying the appropriate subscription fees.
  • A “Supervised Reader” is a Reader who is less than 18 years’ old
  • A “Teacher” is a Subscriber who is a registered teacher at a school or educational organization (such as an English language college) and who provides supervised access to Supervised Readers via a Teacher Account
  • A “Parent” is a Subscriber who is over 18 years old who provides supervised access to Supervised Readers via a Parent Account
  • A “Parent Account” or a “Teacher Account” is an account that allows the Parent or teacher to restrict access by the Supervised Reader to the eBook Store and library, to select suitable Digital Content for the Supervised Reader, and to transfer the selected suitable Digital Content into the Supervised Reader’s personal account.

Acknowledgement of Copyrighted Materials

  • The User acknowledges that the Fo√ne…tic √Ēng…lish Alphabet, the content of the FES and the Digital Content are subject to copyright, and the User agrees not use Fo√ne…tic √Ēng…lish, or the Digital Content in any way that is not specifically authorized by this agreement. The User agrees that injunctive relief may be the appropriate measure to protect copyrighted materials from infringement, and agrees that FES may take legal action anywhere in the world to protect the copyrighted materials, notwithstanding the dispute resolution clause.

Acknowledgement of Fo√ne…tic √Ēng…lish as a trademark

  • The User acknowledges that Fo√ne…tic √Ēng…lish is a trademark licenced to Fo√ne…tic √Ēng…lish Pty Ltd (ABN 69 676 819 104).

Fo√ne…tic √Ēng…lish Markup

The user understands and acknowledges that Fo√ne…tic √Ēng…lish mark up is not an exact representation of the sound of the pronunciation of a word, because if it were, regional pronunciation would require different spellings, and this would make written communication difficult – each word needs the same spelling independent of any regional pronunciation.
The User understands and acknowledges that the aim of the Fo√ne…tic √Ēng…lish mark up is to enable a User to sound out a word with sufficient accuracy that the User can recognize the word (if it is a known word) and can pronounce the word with sufficient accuracy so that the word can be understood by a third party.
The Fo√ne…tic √Ēng…lish list of English words has been initially compiled from a variety of public domain sources and from words extracted from books and other documents.
In addition to English words, the list of Fo√ne…tic √Ēng…lish words contains a number of proper nouns and some common foreign words.
Certain character strings are not marked up into Fo√ne…tic √Ēng…lish: non words like the exclamation “Aaaarrgh!”, words that have been misspelt, words written in the vernacular, such as dialogue in Huckleberry Finn, nonsense words, obscure foreign words and the like.

FES Logging usage information

The User expressly consents to collection, use, disclosure and retention by FES of your personal information, including the logging of your activity on the Fo√ne…tic √Ēng…lish website or Apps, and information stored in cookies. This information will be used only for conducting transactions, such as licencing Digital Content, for reading research and to improve the learning outcomes of the User. The User agrees we may disclose your information to bona fide researchers and for non-commercial third parties provided that the confidentiality of the information is preserved. The User agrees that FES may contact the User with information that may improve the learning outcomes of the User. FES may share your personal and usage information with subsidiaries and related companies. Your personal and usage information will not be disclosed to third parties except as set out above or in the Privacy Policy.

Age of Users

Readers must be at least 18 years old. Parents or other adults who are over 18 may subscribe to FES as parents “Parents” and provide supervised access to FES to nominated people below the age of 18 “Supervised Reader”.

Parents and Teachers agree that they will be fully responsible for the FES usage of their Supervised Readers.

Digital Content in the eBook Store and Library

  • The eBook Store and Library may contain Digital Content that may not be appropriate for people below the age of 18.
  • Parents and Teachers have control over what access to the eBook Store is given to a Supervised Reader under their supervision. The default position is that a Supervised Reader can only access Digital Content that has been put into their personal library by a Parent or a Teacher.
  • Parents and Teachers agree that they will inspect any Digital Content for suitability before releasing the Digital Content into the Supervised Reader’s personal library.
  • Digital Content in the eBook Store and the library is classified by BISAC code which is supplied by third parties and FEPL gives no warranty as to the accuracy or appropriateness of this classification.
  • If Digital Content is classified by reading age level, then this classification will be generated by an algorithm, and is indicative only, and FEPL gives no warranty as to the accuracy or appropriateness of this classification.

Returns

  • Defective Digital Content will be replaced.
  • The first chapter of every book is available for viewing by the Reader and the Reader agrees that they will use this facility to determine the suitability of the Digital Content before paying for a licence for the Digital Content.
  • Digital Content purchased in error can be returned if notified in a specified timeframe and a credit for the licence fee will be applied to the account of the Reader.

Requests for the return of Digital Content for other reasons will be considered if the request is made within a specified timeframe and for a reason acceptable to FEPL. The returns policy is set out in a separate document Returns Policy.

Use of Digital Content

  • Any use by you of Digital Content, and the Fonetic English Alphabet, downloaded, displayed or used by you is subject to these term and conditions. To the extent you are permitted by your obligations to such provider of Digital Content, FEPL grants you the nonexclusive right to view, use, and display such Digital Content an unlimited number of times within the FES eReader solely for your personal, non-commercial use or for the use of Supervised Readers under your control.

Restrictions

  • Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove any proprietary notices or labels on the Digital Content. In addition, you may not, and you will not encourage, assist or authorize any other person to, bypass, modify, defeat or circumvent security features that protect the Digital Content.

Literary Works

  • All Digital Content, including literary works, are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. Upon payment of the agreed fee, you are granted a non exclusive licence to use the Digital Content. The download of Digital Content is intended for the personal and non-commercial use of the Reader or a Supervised Reader. Any other use of literary works downloaded from FES is strictly prohibited. Readers or Supervised Readers may not modify, transmit, publish, participate in, or attempt to participate in, the transfer, assignment or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these Digital Content, in whole or in part. By downloading Digital Content from FES, the Reader or Supervised Reader hereby acknowledges and agrees to these terms. You acknowledge in particular that copyright in Fonetic English belongs to or is licenced to, Fonetic English Pty Limited and that copyright in Digital Content being published works belong to the publisher of those works.

Use of the FES Software

  • You may use the FES Software on up to 5 different devices. You may not separate any individual component of the FES Software for use on another device or another computer, may not transfer it for use on another device or use it, or any portion of it, over a network and may not sell, rent, lease, lend, distribute or sublicense or otherwise assign any rights to the FES Software or any Fonetic English text in whole or in part. You further agree not to transmit to FES or to any FES end users any viruses, worms, date bombs, time bombs, trojan horses, spyware, malware or other code that is specifically designed to cause audio or any other programs to cease operating or to damage, interrupt or interfere with FES software or content, any end user’s software, data or hardware or collect unauthorized information relating to activity of any other FES User

Internet Connectivity Charges

  • Internet connectivity is required to access the FES. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. Some Digital Content and Video Content may include large amounts of data, and we are in no way responsible for the fees charged by or policies of Internet service providers or others with whom you contract for Internet connectivity.

No Reverse Engineering, Decompilation, Disassembly or Circumvention

  • You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble the Device or the Software, whether in whole or in part, create any derivative works from or of the Software, or bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Device or Software or any mechanisms operatively linked to the Software, including, but not limited to, augmenting or substituting any digital rights management functionality of the Device or Software.

Automatic Updates

  • In order to keep your Software up-to-date, FES may automatically provide your Device with updates/upgrades to the Software.

Export Regulations

  • You agree to comply with all export and re-export restrictions and regulations of the applicable government authorities, and not to transfer, or encourage, assist or authorize the transfer of the Software to a prohibited country or otherwise in violation of any such restrictions or regulations.

No Illegal Use and Reservation of Rights

  • You may not use FES or the Digital Content for any illegal purpose. You acknowledge that subscribing to FES or licencing content does not transfer to you title to or ownership of any intellectual property rights of FES or its suppliers. All of the FES is licensed, not sold, and such license is non-exclusive

Termination

  • Your rights under this Agreement will automatically terminate without notice from FES if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and FES may immediately revoke your access to the Service and/or to Digital Content and/or delete any of your information and/or information relating to you and/or shared with you without notice to you and without refund of any fees. FES’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Disclaimer of Warranties

  • YOU EXPFESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, DEVICE, DIGITAL CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. THE FES DIGITAL CONTENT AND SOFTWARE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND FES AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPFESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FES OR AN AUTHORIZED REPFESENTATIVE OF FES SHALL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.

Limitation of Liability

  • TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER FES NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPFESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICE, DIGITAL CONTENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA OR USE OF THE DEVICE OR SOFTWARE OR ANY ASSOCIATED PRODUCT, EVEN IF FES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, FES'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO FES FOR THE SERVICE.

Force Majeure

  • WE WILL NOT BE LIABLE TO YOU FOR FAILING TO PERFORM OUR OBLIGATIONS UNDER OR ARISING OUT OF THESE TERMS OF SERVICE OR ANY APPLICABLE LOCAL LAWS OR REGULATIONS, OR LIABLE TO YOU FOR YOUR USE OF OR INABILITY TO USE FES BECAUSE OF ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING A LABOR DISTURBANCE, AN INTERNET OUTAGE OR INTERRUPTION OF SERVICE, A COMMUNICATIONS OUTAGE, FAILURE BY A SERVICE PROVIDER OR ANY OTHER THIRD PARTY TO PERFORM, ACTS OF WAR OR OTHER ACTION OF MILITARY FORCES, TERRORISM, RIOT, CIVIL COMMOTION, SABOTAGE, VANDALISM, ACCIDENT, FIRE, FLOOD, ACTS OF GOD, STRIKE, LOCK-OUT OR OTHER INDUSTRIAL DISPUTES (WHETHER OR NOT INVOLVING OUR EMPLOYEES OR THOSE OF OUR AFFILIATES, SUPPLIERS OR LICENSORS) OR LEGISLATIVE OR ADMINISTRATIVE INTERFERENCE (INCLUDING THOSE GIVING RISE TO CURRENCY CHANGES OR OTHERWISE AFFECTING OUR ABILITY TO OPERATE OR PROVIDE THE FES SERVICE, IN WHOLE OR IN PART).

Severability

  • If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, (i) such provision will be fully severable, (ii) in lieu of such illegal, invalid or unenforceable provision, there will be added as a part of this Agreement a suitable and equitable provision in order to carry out, so far as may be valid and enforceable, the intent, purpose and economic benefit of such illegal, invalid or unenforceable provision, (iii) this Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and (iv) the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.

Indemnification

  • You agree to defend, indemnify and hold harmless FEPL and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Device, the Digital Content and the Service.

Amendment

  • FEPL reserves the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms on the FES website. Your continued use of FES after the effective date of any such amendment shall be deemed your agreement to be bound by such amendment.

English Language

  • The parties hereto have expressly required that this Agreement and all deeds, documents and notices relating thereto be drafted in the English language.

Entire Agreement

  • Except for any additional terms that apply to your use of the FES as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the FES and any Digital Content, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

New South Wales Law Applies

  • The laws in force in the State of New South Wales in the Commonwealth of Australia, without regard to principles of conflict of laws, govern this Agreement and any dispute of any sort that might arise between you and FEPL, and both you and FEPL submit to the jurisdiction of the courts in NSW.
    The Parties agree that this Agreement is not subject to and shall not be interpreted by reference to the United Nations Convention on Contracts for the International Sale of Goods.

Injunctive Relief

  • You acknowledge that irreparable harm to FEPL and its affiliates and licensors will result in the event of any breach of this Agreement by you. The Agent agrees that, in the event of any breach or threatened breach of this Agreement by you, FEPL shall be entitled to such temporary, preliminary and/or permanent injunctive or other equitable relief as may be necessary to restrain any continuing or further breach by you, in any court of competent jurisdiction, without showing or proving any actual damages sustained by FEPL, and without any requirement for the posting of any bond or similar security. You further agree that such equitable relief shall apply in addition to such monetary relief as may be recoverable by law (including legal fees and costs) from you

Contact Information

In relation to these terms and conditions, our contact details are

Fo√ne…tic √Ēng…lish Pty Ltd
2a Mona Rd, Darling Point NSW 2027
terms@foneticenglish.com